AD 2022-24-14

This AD is effective January 18, 2023.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 18, 2023.

AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA-2022-1165; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

Material Incorporated by Reference:

• For material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu.

• You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available in the AD docket at regulations.gov under Docket No. FAA-2022-1165.

Hye Yoon Jang, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 817-222-5584; email Hye.Yoon.Jang@faa.gov.

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020-12-11, Amendment 39-19920 (85 FR 41177, July 9, 2020) (AD 2020-12-11). AD 2020-12-11 applied to all Airbus SAS Model A319-111, -112, -113, -114, -115, -151N, and -153N airplanes; Model A320-251N, -252N, -253N, -271N, -272N, and -273N airplanes; and Model A321-251N, -251NX, -252N, -252NX, -253N, -253NX, -271N, -271NX, -272N, and -272NX airplanes. AD 2020-12-11 required revising the existing airplane flight manual (AFM) and applicable corresponding operational procedures to limit the use of speed brakes in certain airplane configurations. The FAA issued AD 2020-12-11 to address certain airplane configurations, which could result in auto-pilot disconnection and high angle of attack, and consequent increased workload for the flightcrew during a critical phase of flight, and possible loss of control of the airplane.

The NPRM published in the Federal Register on September 19, 2022 (87 FR 57150). The NPRM was prompted by AD 2022-0096, dated May 31, 2022, issued by EASA (EASA AD 2022-0096) (referred to after this as the MCAI). The MCAI states that a non-stabilized approach followed by an automatic go-around led to an airplane pitch-up attitude and resulted in an auto-pilot disconnection. The development of updated FG 3G standard software for the flight management and guidance computer (FMGC) will address certain airplane configurations that could result in autopilot disconnection and high angle of attack, and consequent increased workload for the flightcrew during a critical phase of flight, and possible loss of control of the airplane.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2022-1165.

In the NPRM, the FAA proposed to continue to require revising the existing airplane flight manual (AFM) and applicable corresponding operational procedures to limit the use of speed brakes in certain airplane configurations. The NPRM also proposed to require installing updated FG 3G standard software for certain airplanes, and to prohibit the installation of affected FG standards, as specified in EASA AD 2022-0096. The FAA is issuing this AD to address certain airplane configurations that could result in auto-pilot disconnection and high angle of attack, and consequent increased workload for the flightcrew during a critical phase of flight, and possible loss of control of the airplane.

The FAA received comments from Air Line Pilots Association, International, who supported the NPRM without change.

This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.

EASA AD 2022-0096 specifies procedures for revising the existing AFM to limit the use of speed brakes in certain landing conditions, and updating the FG 3G standard software for the FMGC for certain airplanes. EASA AD 2022-0096 also prohibits the installation of affected FG standards. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

The FAA considers that this AD is an interim action. If final action is later identified, the FAA might consider further rulemaking then.

The FAA estimates that this AD affects 693 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.

The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Will not affect intrastate aviation in Alaska, and

(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by:

a. Removing Airworthiness Directive 2020-12-11, Amendment 39-19920 (85 FR 41177, July 9, 2020); and

b. Adding the following new airworthiness directive: